A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 27, 201, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court through the Changwon District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 10, 2013, respectively.

【Criminal Facts】

On February 16, 2019, at around 00:30, the Defendant driven an E- cr-car under the influence of alcohol leveling 0.159% of alcohol level on the road of approximately 15 km from the front of the C cafeteria located in the Gamyang-si B to the Gyeongnam-si Dtel underground parking lot in the Gyeongnam-si Kim-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of violation of the Road Traffic Act, report on the circumstances of a drinking driver, investigation report, and notification of the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the option of criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the crime shall be determined by comprehensively taking account of the following circumstances:

D. Disadvantageous circumstances: The Defendant was driving in a state of chronic alcohol (0.159% of blood alcohol concentration) resulting in a significant risk to the life and safety of others, and the Defendant committed the instant crime, even though he had been punished twice for the same kind of crime, is highly liable for such crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

No defendant has been punished in excess of a fine in the past.